Duty to Business Invitees

Kim went to Ling’s Market to pick up a few items for dinner. It was a rainy, windy day, and the wind had been blowing water through the entrance to Ling’s Market each time the door was opened. As Kim entered through the door, she slipped and fell in the approximately one-half inch of rainwater that had accumulated on the floor. The manager knew of the weather conditions but had not posted any sign to warn customers of the water hazard. Kim injured her back as a result of the fall and sued Ling’s for damages. Can Ling’s be held liable for negligence in this situation? Discuss.

ANALYZING A CASE

When presented with a case problem to analyze, use the following format:

Briefly summarize the facts of the case - restating the facts in a clear and concise manner (You must understand the facts of a case before you can attempt to resolve it)

Identify the major issue(s) that flow from the facts (Legal issue). Sometimes this process indicates the various avenues of litigation open to the plaintiff. For instance, the issues identified can suggest that both Negligence and Strict Liability may be pursued.

Identify the elements of each issue (Determine the relevant elements of each issue. For instance Negligence has: Existence of Duty of care, Breach of that Duty, Proof of Injury and Causation or Proximate Cause).

Sometimes the elements of the Legal Issue may not be very apparent or obvious. In that case DEFINE or DESCRIBE the issue as best as you can according to the text.

Discuss the elements of each issue as they apply to the case or apply the description to the facts.

Apply the relevant law (Make a decision based on the relevant law).

Cite a supporting case (As this is common law, briefly state the facts of the supporting case and show how it can serve as a precedent to your case problem). You can find cases at : Findlaw.com, Westlaw.com, Lexisnexis.com, Lawnix.com, Lawteacher.net. Google Scholar, or even Wikipedia, the online Encyclopedia.

All written cases will follow the above format. Sometimes a case may have questions at the end of the case. You should answer those questions only after you have followed the above prescribed format. If the questions do help you in applying the given format, then you do not have to duplicate your answer since it will be contained in the answer to the questions.